Bentonville Guardianship Lawyer

In the unfortunate situation that parents are unable to care for their children, there are multiple options at their disposal to make sure their kids are cared for through other means. One of these options is guardianship. Guardianship gives another individual legal authority over someone else’s children, including the ability to make housing, education, and health decisions. To help secure guardianship, you should contact a Bentonville guardianship lawyer as soon as you can.

The Bentonville family lawyers at Bundy Law understands how hard guardianship cases can be for the one who files. It’s not easy to make the decision to pursue guardianship and possibly take a loved one’s kids away from them. The state’s guardianship laws are complex. This is a situation that’s done out of love, not anger. A Bentonville guardianship attorney like Aaron Bundy can bring decades of experience and membership in the International Academy of Family Lawyers to your case.

The Guardianship Process in Bentonville

If you choose to file for guardianship in Bentonville, your case will be decided where the majority of family law cases in Bentonville are handled: Benton County Circuit Court. Guardianship cases are common in Arkansas. In the first half of 2024, 48 children were removed from the foster system in Arkansas thanks to a guardianship case. That same year, 7.1% of children older than 12 and 9.2% of children with a disability left foster care for the same reason.

The guardianship process in Arkansas can be complex and overwhelming to go through on your own, especially if this is your first time attempting to navigate the Arkansas court system for this reason. The most important decision you can make for your case is to hire a guardianship lawyer to walk you through each step of the process and prevent you from making any crucial mistakes that could impede the process. Here is a brief rundown of the important steps in the process:

• Determining jurisdiction. A guardianship case is filed with the probate court of the county in which the child resides. It’s important that you file your guardianship claim with the right court. Otherwise, your claim may be denied outright before it even really begins. Your lawyer can help you identify the proper county and the proper filing court.
• File the petition. To start the process, the potential guardian, or petitioner, files a Petition for Appointment of Guardian with the right court. Your document will outline the exact reason why you believe guardianship is needed. Guardianship happens when the parents are unable to care for the child due to criminal activity, mental illness, substance abuse, or a disabling injury. This reason must be included in your petition.
• Provide notice. When you file for guardianship, the parents of the child need to be notified of your intentions, as do any other interested parties. There’s a chance that the parents will be angered by your intentions and could attempt to contest the guardianship claim legally. The family court will prioritize parental involvement over your guardianship claim if the parents can prove they are now fit to raise children.
• Attend a hearing. You and the parents of the child will be required to attend a formal guardianship hearing to determine the strength and validity of your petition. A judge will decide if the guardianship is the right thing for the child’s welfare. You and the parents will have the opportunity to present your respective cases with the assistance of a family lawyer.
• Appointment. If the judge approves your guardianship claim, they will sign an order granting you authority over the child in question. Depending on the type of guardianship you are granted, you may have permanent, temporary, or emergency authority.

FAQs

How Does Guardianship Work in Arkansas?

Guardianship in Arkansas is an arrangement ordered by the court that transfers authority and responsibility over a child to someone who is not that child’s parent. This is generally done in cases where the parents are physically, mentally, or criminally unfit to take care of a child. Someone, usually a loved one, petitions for guardianship to make sure the child is cared for until they turn 18. It’s recommended that you hire a lawyer for help.

What Are the Three Types of Guardianships in Arkansas?

The three types of guardianships in Arkansas are:

1. Permanent guardianship is a long-term arrangement for the care of a child granted when parents can’t maintain a stable home.
2. Temporary guardianship is a short-term arrangement that generally lasts up to 90 days but can be extended.
3. Emergency guardianship is granted in cases of immediate danger to a child’s health or safety. Generally, it lasts 14 days or fewer.

What Disqualifies You From Being a Guardian in Arkansas?

There are many potential disqualifications you need to be aware of when filing for guardianship in Arkansas. You cannot be granted guardianship if you are a convicted felon, lacking mental capacity, have a conflict of interest with the ward’s property, have a history of abusive behavior, are a non-resident of Arkansas, or have a history of inappropriate conduct. Sometimes, exceptions can be made, but there’s never a guarantee of that.

Do Guardians Get Paid in Arkansas?

Yes, it is possible for guardians to be paid in Arkansas. Guardians can receive financial support through the Arkansas Subsidized Guardianship Program if the child was previously in the foster system. Eligible guardians can receive monthly payments to help cover the ongoing costs of child care. To qualify, the child has to live with the guardian for at least six months in a fully approved home. Your lawyer can help you determine your potential eligibility.

Be Sure to Hire a Guardianship Lawyer Today

It’s vital that you have experienced legal assistance throughout this ordeal. Without a good lawyer, your chances of success may not be strong. A guardianship lawyer can guide you through the process, make sure you don’t miss filing deadlines, and give you the strongest chance of succeeding. At Bundy Law, we can provide that chance. Contact us to speak with someone on our team who knows how to help.